F4.3 – Summary Trials

Question 1

When a case is presided over by a lay justice, who decides questions of law and fact?

Answer 1

The lay justice decides both, but on questions of law (including the law of evidence), they should seek and accept the advice of the justice’s legal advisor.

Question 2

What position is a district judge in in relation to lay justice in a summary trial?

Answer 2

In theory, district judges (magistrates’ courts) are in the same position as lay justices. In practice, however, the district judge will be the more experienced lawyer, so that the occasions for asking for advice (from the legal advisor) will be quite rare.

[As to the duty and role of the legal adviser in a summary trial, see CrimPR 24.14 (see Supplement, R24.14) and CrimPD VI, paras. 24A.1 to 24A.18 (see Supplement, CPD.24A), and D22.80 et seq.]